Differences Between Constructive Dismissal and Constructive Discharge
Getting rid of an employee can be a stressful time for both the business and the departing worker. However, it’s important that a company does so in accordance with applicable laws and avoids any illegal actions, such as constructive discharge. The legal definition of constructive discharge can vary from state to state, but the general rule is that an employer must have created intolerable working conditions that forced a person to quit in order for that employee to have a valid claim for constructive dismissal. This is similar to a workplace harassment claim and can result in the same types of legal action, lawsuits, and unemployment benefits for the departing worker as a wrongful termination would.
Generally speaking, there are three main elements that must be established in order to successfully file a claim for constructive dismissal lawyer near me. The first is that the working conditions were in fact intolerable. The second is that the intolerable working conditions were a direct cause of an employee’s departure. And finally, the third element is that an average reasonable person in the complainant’s position would also have felt compelled to resign under these conditions. In some cases, the intolerable working conditions can be a combination of factors that constitute a hostile work environment or discrimination, such as being demoted or having reduced job responsibilities, being reassigned to menial tasks, and/or being placed under a younger supervisor (for age discrimination claims).
As with any employment law issue, it is highly fact-specific to decide if an employee has grounds for a claim. However, it is critical that employees pay attention to their working environments and document incidents or conversations that may warrant further investigation. Employees who are experiencing issues should also speak with a superior or HR representative about the situation to help them understand their options and potential legal recourses.
What Are Differences Between Constructive Dismissal and Constructive Discharge?
The Lynch Law Firm can assist with a variety of workplace issues including those that could lead to a claim of constructive discharge. We can evaluate a person’s unique circumstances to determine whether there is sufficient evidence for such a claim and help the individual explore their legal options.
We understand that bringing an employee into a lawsuit for constructive discharge can have significant ramifications for the company, and we are committed to assisting clients in resolving these issues quickly and efficiently. Contact us today to schedule a consultation about your case.
There are many situations that could qualify as a constructive discharge. This includes changes in working conditions, sexual harassment by coworkers or managers, and even discrimination on the basis of age, race, disability, or national origin. However, proving these claims is a high bar, and it’s often best to seek out an attorney before taking any action, particularly after resigning from a company.
Constructive discharge is a serious issue, and companies must be prepared for employees to file for unemployment benefits as well as any possible wrongful termination claims. This is why it’s critical that businesses are proactive in addressing any unwanted behaviors or conditions as soon as they occur.